8 results for 'cat:"Tort" AND cat:"Vehicle" AND cat:"Negligence"'.
J. Riedmann finds the district court properly found in favor of a driver in this motor vehicle negligence action. No expert testimony was presented, and such jury instruction was not warranted. The injured party did not seek lost wages, and no abused of discretion or ineffective assistance is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: December 26, 2023, Case #: A-23-034, Categories: tort, vehicle, negligence
J. Calabresi finds that the district court improperly assessed comparative liability to a delivery driver who sustained injuries when his motorized bicycle ran into the door of a government vehicle that had been opened by a military recruiter because evidence did not support findings that the bicyclist was 40% liable for damages.
Court: 2nd Circuit, Judge: Calabresi, Filed On: October 5, 2023, Case #: 22-995, Categories: tort, vehicle, negligence
J. Friot denies the Halliburton defendants' post-trial motions in this lawsuit arising from a motor vehicle accident. The negligent entrustment claim was properly submitted to the jury, as "the facts underlying the negligent entrustment claim can be argued either way." Also, they were not prejudiced by certain trial testimony provided by the plaintiff driver's treating physician.
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: September 29, 2023, Case #: 5:22cv159, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, negligence
J. Navarro makes findings of fact and conclusions of law as to this federal tort claims act arising from a construction-zone accident between the driver of an RV and a semi-truck driver working for the FAA. The RV driver has not cast sufficient doubt on the truck driver's credibility or his version of events. The RV driver did not elicit sufficient testimony at trial supporting his and a corroborating witness's version of events, or that the truck driver failed to maintain his lane. And so, the RV driver has failed to meet his burden to show the United States breached a duty of care.
Court: USDC Nevada, Judge: Navarro , Filed On: September 26, 2023, Case #: 2:20cv1584, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, negligence
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J. Palafox finds a lower court partially erred in granting summary judgment against a negligence claim brought by a truck driver against another truck driver following an accident caused by a loss in tire pressure. The suing truck driver may still establish a "logically traceable connection" between negligence of the other driver and his injury, and therefore summary judgment was not appropriate at this stage of the case. Reversed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: September 1, 2023, Case #: 08-22-00101-CV, Categories: tort, vehicle, negligence
J. Dorsey denies Hertz’s motion to bifurcate the trial arising from a collision in the rental car return area at the Las Vegas airport. The drivers involved have settled with each other, with the not-at-fault driver filing against Hertz saying that the design of the return area was a proximate cause. There is significant overlap between the evidence on liability and damages. Any potential for prejudice does not warrant bifurcation. Hertz will be allowed to file excess pages as the driver has failed to show prejudice by the disparity in page count.
Court: USDC Nevada, Judge: Dorsey, Filed On: May 17, 2023, Case #: 2:18cv1522, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, negligence